Corporate Criminal Liability for Manslaughter: The Evolving Approach of the Prosecuting Authorities and Courts in England and Wales

摘要

Recent years have seen the enactment of new legislation governing corporate liability for death caused by gross negligence through business activities. The Corporate Manslaughter and Corporate Homicide Act 2007 has been heralded as an important development in corporate criminal liability. Our research examines the potential impact of the Act, upon companies and their directors in the UK. The paper considers recent cases where there has been a fatality in the workplace due to gross negligence of the management, and examines the evolving approach of the prosecuting authorities and courts. From our investigations it would appear that the potential net of corporate criminal liability has now been spread further. If prosecutions are successful, large corporations may face severe fines; however it is small companies and their directors that will usually bear the burden of increased penalties for corporate failure.